DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 6, 8-11 and 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gong et al. (US20220255530, hereinafter Gong).
Regarding claims 1 and 11, Gong discloses in paragraphs [0034-0037] an acoustic resonator, comprising: a substrate (10); a bottom laminated structure (low and high acoustic impedance layer arrangement) located on a side of the substrate; a bottom electrode layer (30), a piezoelectric layer (40), and a top electrode layer (50) located on a side of the bottom laminated structure facing away from the substrate; and a frequency-temperature coefficient compensation layer (60) located on a side of the bottom electrode layer, the piezoelectric layer, and the top electrode layer facing away from the substrate; wherein the bottom electrode layer, the piezoelectric layer, the top electrode layer, and the frequency-temperature coefficient compensation layer form a top laminated structure, the top laminated structure has an overall phase length of a multiple of half a period, that is, the overall phase length of the top laminated structure is nπ, wherein n is a positive integer greater than or equal to 2 (please refer to paragraph [0037] where Gong discloses the thickness of the top stack set to 2π). The manufacturing method is inherently disclosed by Gong.
Regarding claim 2, Gong discloses on the side of the substrate, a low acoustic impedance layer (11) and a high acoustic impedance layer (12) laminated in sequence, wherein the low acoustic impedance layer and the high acoustic impedance layer laminated in sequence constitute the bottom laminated structure.
Regarding claim 3, the bottom electrode layer, the piezoelectric layer, and the top electrode layer on the side of the bottom laminated structure facing away from the substrate comprises: forming the bottom electrode layer (30) on the side of the bottom laminated structure facing away from the substrate; forming the piezoelectric layer on a side of the bottom electrode layer facing away from the substrate; and forming the top electrode layer (50) on a side of the piezoelectric layer (40) facing away from the substrate.
Regarding claim 6, Gong discloses the additional layer 70 comprising titanium which is the material of the diffusion barrier layer of the instant application.
Regarding claim 8, the patterning of the top electrode layer is inherent in the disclosure of Gong.
Regarding claim 9, the wiring layer is inherent in the disclosure since it is needed for the electrical connections.
Regarding claims 10 and 14, the material used to form the frequency-temperature coefficient compensation layer (made of silicon oxide, SiOC or doped silicon oxide layer, etc… see paragraph [0038]) has a first acoustic impedance similar to a second acoustic impedance of a laminated structure formed by the bottom electrode layer, the piezoelectric layer, and the top electrode layer. Since the materials disclosed by Gong are the same as that of the instant application, the limitation is considered to be anticipated.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 4, 5 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Gong.
Regarding claims 4, 5, 12 and 13, Gong discloses the invention as explained above, but fails to explicitly disclose the seed layers formed on the bottom electrode layer. The examiner takes Official Notice that the use of seed layers to facilitate the growth of the piezoelectric layer on the surface of the electrode is well known in the art. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the instant application to provide seed layers on the bottom electrode in order to improve the growth and the crystal orientation of the piezoelectric layer.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The references of the Prior Art fail to teach or disclose, alone or in obvious combination, the claimed invention as described in claim 7 and specifically comprising the step of forming a frame layer on the side of the bottom electrode layer, the piezoelectric layer, and the top electrode layer facing away from the substrate; wherein the frame layer is provided with a first opening overlapping the bottom electrode layer in a direction perpendicular to the substrate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jaydi San Martin whose telephone number is (571)272-2018. The examiner can normally be reached on M-Th 7:45-6:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached on 571-270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. San Martin/
Primary Examiner, Art Unit 2837
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